On April 18, 2017, the Michigan Court of Appeals unanimously issued a published opinion in People v. Manuel that has brought some much-needed clarity to the Michigan Medical Marihuana Act (“MMMA”). White Law PLLC Attorney John Fraser represented Mr. Manuel at both the trial court level and in the Court of Appeals.
Mr. Fraser successfully argued and achieved immunity from prosecution under Section 4 of the MMMA back in January 2016, which resulted in the dismissal of all charges against Mr. Manuel. The prosecutor appealed the dismissal, and the case proceeded to the Michigan Court of Appeals. On April 18, 2017, the Michigan Court of Appeals unanimously agreed with Mr. Fraser’s argument that Mr. Manuel could not be subject to prosecution because he was entitled to immunity under Section 4 of the MMMA.
In a landmark decision, the Court of Appeals held that in order to constitute “usable marijuana” under the MMMA the marijuana must be completely dried—not in various drying states. Additionally, the Court of Appeals also held that while marijuana plants must be kept in an enclosed, locked facility, the protection of the MMMA also extends to the time it takes to transport plants from the outside to the inside of the facility. The Court of Appeals’ decision in Manuel represents a commonsense, practical approach to medical marijuana that provides some much-needed guidance to medical marijuana patients and caregivers, attorneys, judges, and law enforcement officials.
If you have been charged with a crime or if you have questions about your rights as a medical marijuana patient or caregiver, contact our Okemos medical marijuana lawyers at White Law PLLC today.